| Home > 106th Congressional Bills > H.R. 5528 (enr) To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Enrolled bill] ...
H.R. 5528 (enr) To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. [Enrolled bill] ...
106th CONGRESS 2d Session H. R. 5528 _______________________________________________________________________ AN ACT To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus Indian Advancement Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS Sec. 101. Findings. Sec. 102. Conveyance and operation of irrigation works. Sec. 103. Relationship to other laws. TITLE II--NATIVE HAWAIIAN HOUSING ASSISTANCE Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Housing assistance. Sec. 204. Loan guarantees for Native Hawaiian housing. TITLE III--COUSHATTA TRIBE OF LOUISIANA LAND TRANSACTIONS Sec. 301. Approval not required to validate land transactions. TITLE IV--WAKPA SICA RECONCILIATION PLACE Sec. 401. Findings. Sec. 402. Definitions. Subtitle A--Reconciliation Center Sec. 411. Reconciliation center. Sec. 412. Sioux Nation Tribal Supreme Court. Sec. 413. Legal jurisdiction not affected. Subtitle B--GAO Study Sec. 421. GAO study. TITLE V--EXPENDITURE OF FUNDS BY ZUNI INDIAN TRIBE Sec. 501. Expenditure of funds by tribe authorized. TITLE VI--TORRES-MARTINEZ DESERT CAHUILLA INDIANS CLAIMS SETTLEMENT Sec. 601. Short title. Sec. 602. Congressional findings and purpose. Sec. 603. Definitions. Sec. 604. Ratification of settlement agreement. Sec. 605. Settlement funds. Sec. 606. Trust land acquisition and status. Sec. 607. Permanent flowage easements. Sec. 608. Satisfaction of claims, waivers, and releases. Sec. 609. Miscellaneous provisions. Sec. 610. Authorization of appropriations. Sec. 611. Effective date. TITLE VII--SHAWNEE TRIBE STATUS Sec. 701. Short title. Sec. 702. Findings. Sec. 703. Definitions. Sec. 704. Federal recognition, trust relationship, and program eligibility. Sec. 705. Establishment of a tribal roll. Sec. 706. Organization of the tribe; tribal constitution. Sec. 707. Tribal land. Sec. 708. Jurisdiction. Sec. 709. Individual Indian land. Sec. 710. Treaties not affected. TITLE VIII--TECHNICAL CORRECTIONS Sec. 801. Short title. Subtitle A--Miscellaneous Technical Provisions Sec. 811. Technical correction to an Act affecting the status of Mississippi Choctaw lands and adding such lands to the Choctaw Reservation. Sec. 812. Technical corrections concerning the Five Civilized Tribes of Oklahoma. Sec. 813. Waiver of repayment of expert assistance loans to the Red Lake Band of Chippewa Indians and the Minnesota Chippewa Tribes. Sec. 814. Technical amendment to the Indian Child Protection and Family Violence Protection Act. Sec. 815. Technical amendment to extend the authorization period under the Indian Health Care Improvement Act. Sec. 816. Technical amendment to extend the authorization period under the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986. Sec. 817. Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation. Sec. 818. Technical amendment regarding the treatment of certain income for purposes of Federal assistance. Sec. 819. Land to be taken into trust. Subtitle B--Santa Fe Indian School Sec. 821. Short title. Sec. 822. Definitions. Sec. 823. Transfer of certain lands for use as the Santa Fe Indian School. Sec. 824. Land use. TITLE IX--CALIFORNIA INDIAN LAND TRANSFER Sec. 901. Short title. Sec. 902. Lands held in trust for various tribes of California Indians. Sec. 903. Miscellaneous provisions. TITLE X--NATIVE AMERICAN HOMEOWNERSHIP Sec. 1001. Lands Title Report Commission. Sec. 1002. Loan guarantees. Sec. 1003. Native American housing assistance. TITLE XI--INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES Sec. 1101. Short title. Sec. 1102. Findings, purposes. Sec. 1103. Amendments to the Indian Employment, Training and Related Services Demonstration Act of 1992. Sec. 1104. Report on expanding the opportunities for program integration. TITLE XII--NAVAJO NATION TRUST LAND LEASING Sec. 1201. Short title. Sec. 1202. Congressional findings and declaration of purposes. Sec. 1203. Lease of restricted lands for the Navajo Nation. TITLE XIII--AMERICAN INDIAN EDUCATION FOUNDATION Sec. 1301. Short title. Sec. 1302. Establishment of American Indian Education Foundation. TITLE XIV--GRATON RANCHERIA RESTORATION Sec. 1401. Short title. Sec. 1402. Findings. Sec. 1403. Definitions. Sec. 1404. Restoration of Federal recognition, rights, and privileges. Sec. 1405. Transfer of land to be held in trust. Sec. 1406. Membership rolls. Sec. 1407. Interim government. Sec. 1408. Tribal constitution. TITLE XV--CEMETERY SITES AND HISTORICAL PLACES Sec. 1501. Findings; definitions. Sec. 1502. Withdrawal of lands. Sec. 1503. Application for conveyance of withdrawn lands. Sec. 1504. Amendments. Sec. 1505. Procedure for evaluating applications. Sec. 1506. Applicability. TITLE I--SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS SEC. 101. FINDINGS. The Congress finds and declares that-- (1) it is the policy of the United States, in fulfillment of its trust responsibility to Indian tribes, to promote Indian self-determination and economic self-sufficiency; (2) the Salt River Pima-Maricopa Indian Community (hereinafter referred to as the ``Community'') has operated the irrigation works within the Community's reservation since November 1997 and is capable of fully managing the operation of these irrigation works; (3) considering that the irrigation works, which are comprised primarily of canals, ditches, irrigation wells, storage reservoirs, and sump ponds located exclusively on lands held in trust for the Community and allottees, have been operated generally the same for over 100 years, the irrigation works will continue to be used for the distribution and delivery of water; (4) considering that the operational management of the irrigation works has been carried out by the Community as indicated in paragraph (2), the conveyance of ownership of such works to the Community is viewed as an administrative action; (5) the Community's laws and regulations are in compliance with section 102(b); and (6) in light of the foregoing and in order to-- (A) promote Indian self-determination, economic self-sufficiency, and self-governance; (B) enable the Community in its development of a diverse, efficient reservation economy; and (C) enable the Community to better serve the water needs of the water users within the Community, it is appropriate in this instance that the United States convey to the Community the ownership of the irrigation works. SEC. 102. CONVEYANCE AND OPERATION OF IRRIGATION WORKS. (a) Conveyance.--The Secretary of the Interior, as soon as is practicable after the date of the enactment of this Act, and in accordance with the provisions of this title and all other applicable law, shall convey to the Community any or all rights and interests of the United States in and to the irrigation works on the Community's reservation which were formerly operated by the Bureau of Indian Affairs. Notwithstanding the provisions of sections 1 and 3 of the Act of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of the Act of August 7, 1946 (25 U.S.C. 385a, 385b, and 385c) and any implementing regulations, during the period between the date of the enactment of this Act and the conveyance of the irrigation works by the United States to the Community, the Community shall operate the irrigation works under the provisions set forth in this title and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including retaining and expending operations and maintenance collections for irrigation works purposes. Effective upon the date of conveyance of the irrigation works, the Community shall have the full ownership of and operating authority over the irrigation works in accordance with the provisions of this title. (b) Fulfillment of Federal Trust Responsibilities.--To assure compliance with the Federal trust responsibilities of the United States to Indian tribes, individual Indians and Indians with trust allotments, including such trust responsibilities contained in Salt River Pima- Maricopa Indian Community Water Rights Settlement Act of 1988 (Public Law 100-512), the Community shall operate the irrigation works consistent with this title and under uniform laws and regulations adopted by the Community for the management, regulation, and control of water resources on the reservation so as to assure fairness in the delivery of water to water users. Such Community laws and regulations include currently and shall continue to include provisions to maintain the following requirements and standards which shall be published and made available to the Secretary and the Community at large: (1) Process.--A process by which members of the Community, including Indian allottees, shall be provided a system of distribution, allocation, control, pricing and regulation of water that will provide a just and equitable distribution of water so as to achieve the maximum beneficial use and conservation of water in recognition of the demand on the water resource, the changing uses of land and water and the varying annual quantity of available Community water. (2) Due process.--A due process system for the consideration and determination of any request by an Indian or Indian allottee for distribution of water for use on his or her land, including a process for appeal and adjudication of denied or disputed distributions and for resolution of contested administrative decisions. (c) Subsequent Modification of Laws and Regulations.--If the provisions of the Community's laws and regulations implementing subsection (b) only are to be modified subsequent to the date of the enactment of this Act by the Community, such proposed modifications shall be published and made available to the Secretary at least 120 days prior to their effective date and any modification that could significantly adversely affect the rights of allottees shall only become effective upon the concurrence of both the Community and the Secretary. (d) Limitations of Liability.--Effective upon the date of the enactment of this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on the Community's ownership or operation of the irrigation works, except for damages caused by acts of negligence committed by the United States prior to the date of the enactment of this Act. Nothing in this section shall be deemed to increase the liability of the United States beyond that currently provided in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). (e) Cancellation of Charges.--Effective upon the date of conveyance of the irrigation works under this section, any charges for construction of the irrigation works on the reservation of the Community that have been deferred pursuant to the Act of July 1, 1932 (25 U.S.C. 386a) are hereby canceled. (f) Project No Longer a BIA Project.--Effective upon the date of conveyance of the irrigation works under this section, the irrigation works shall no longer be considered a Bureau of Indian Affairs irrigation project and the facilities will not be eligible for Federal benefits based solely on the fact that the irrigation works were
Other Popular 106th Congressional Bills Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents